Editing Burglary (section)

==United States==
In the United States, burglary is prosecuted as a [[felony]] or [[misdemeanor]] and involves [[trespassing]] and theft, entering a building or automobile, or loitering unlawfully with [[intent (law)|intent]] to commit ''any'' crime, not necessarily a theft – for example, [[vandalism]]. Even if nothing is stolen in a burglary, the act is a [[statutory offense]]. Buildings can include hangars, sheds, barns, and coops; burglary of boats, aircraft, trucks, military equipment, and railway cars is possible. Burglary may be an element in crimes involving [[rape]], [[arson]], [[kidnapping]], [[identity theft]], or violation of [[civil rights]]; indeed, the "plumbers" of the [[Watergate scandal]] were technically burglars. Any entry into the building or automobile of another with the intent to commit a crime, even if the entry would otherwise be permitted for lawful purposes, may constitute burglary on the theory that the permission to enter is only extended for lawful purposes (for example, a shoplifter may be prosecuted for burglary in addition to theft, for entering a shop with the intent to steal).  As with all legal definitions in the U.S., the foregoing description may not be applicable in every jurisdiction, since there are 50 separate state criminal codes, plus federal and territorial codes in force.

===Home invasion===
{{main article|Home invasion}}
Commission of a burglary with the intention or result of confronting persons on the premises may constitute an aggravated offense known as "'''home invasion'''".<ref>{{Cite web|url=http://www.legislature.mi.gov/(S(azxcxmqdc5mrwlvitr5bkx2g))/mileg.aspx?page=GetObject&objectname=mcl-750-110a|title=Michigan Legislature – Section 750.110a|website=www.legislature.mi.gov|access-date=2016-09-18}}</ref>  Taking or attempting to take property by force or threat of force from persons on the premises also constitutes the offense of [[robbery]].

===Nighttime burglaries===
In some states, a burglary committed during the hours of daylight is technically not burglary, but housebreaking.<ref>{{Cite web|url=http://definitions.uslegal.com/h/housebreaking/|title=Housebreaking Law & Legal Definition|website=definitions.uslegal.com|access-date=2016-09-18}}</ref> In many jurisdictions in the U.S., burglary is punished more severely than housebreaking. In [[California]], for example, burglary was punished as burglary in the first degree, while housebreaking was punished as burglary in the second degree. California now distinguishes between entry into a residence and into a commercial building, with the burglary of a residence bearing heavier punishment.

In states that continue to punish burglary more severely than housebreaking [[twilight]], night is traditionally defined as hours between 30 minutes after sunset and 30 minutes before sunrise.

===Inchoate crime===
There is some recent scholarly treatment of burglaries in [[Law of the United States|American law]] as inchoate crimes, but this is in dispute. Some academics{{who|date=January 2020}} consider burglary an [[Inchoate offense|inchoate crime]].<ref name=Schmalleger>[[Frank Schmalleger]], ''Criminal Law Today: An Introduction with Capstone Cases,'' p. 110, (Upper Saddle River: Pearson Prentice Hall, 2006) {{ISBN|0-13-170287-4}}, citing [[Joshua Dressler]], ''Understanding Criminal Law,'' 2nd ed., (Boston:Matthew Bender, 1995), p. 351.</ref> Others{{who|date=January 2020}} say that because the intrusion itself is harmful, this justifies punishment even when no further crime is committed.

{{quote|Burglary, as a preliminary step to another crime, can be seen as an inchoate, or incomplete, offense. As it disrupts the security of persons in their homes and in regard to their personal property, however, it is complete as soon as the intrusion is made. This dual nature is at the heart of a debate about whether the crime of burglary ought to be abolished and its elements covered by attempt or aggravating circumstances to other crimes—or retained, and the grading schemes reformed to reflect the seriousness of individual offenses.<ref name=McCord>[[James W.H. McCord]] and [[Sandra L. McCord]], ''Criminal Law and Procedure: A Systems Approach,'' 3rd ed. ([[Clifton Park, New York]]: Thomson Delmar Learning – West Legal Studies, 2006), p. 127. {{ISBN|978-1-4018-6564-1}}.</ref>}}

Possession of burglars' tools, in jurisdictions that make this an offense, has also been viewed as an inchoate crime:<ref>See Schmalleger, ''Supra'', p. 404.</ref>
{{quote|In effect piling an inchoate crime onto an inchoate crime, the possession of burglary tools with the intent to use them in a burglary is a serious offense, a felony in some jurisdictions. Gloves that defendants were trying to shake off as they ran from the site of a burglary were identified as burglar's tools in ''Green v. State'' (Fla. App. 1991).<ref name=McCord />}}

===Florida===
[[File:Diebold burglar alarm on the outside of a brick building.jpg|thumb|Burglar alarm outside a bank in Florida]]
Under [[Florida law|Florida State Statutes]], "burglary" occurs when a person "enter[s] a dwelling, a structure, or a conveyance with the intent to commit an offense therein, unless the premises are at the time open to the public or the defendant is licensed or invited to enter."<ref>Fla. Stat. § 810.02(1)(b)1</ref> Depending on the circumstances of the crime, burglary can be classified as third, second, first-degree, or life felonies,<ref>{{cite web|url=https://www.seattletimes.com/nation-world/alleged-ocala-school-shooter-officially-charged/|title=Alleged Ocala school shooter officially charged|access-date=December 4, 2021|date=December 4, 2021}}</ref> with maximum sentences of five years, fifteen years, thirty years, and life, respectively.<ref>Fla. Stat. § 810.02(2)-(4)</ref> The minimum sentences are probation,<ref>Fla. Stat. § 810.02(4)</ref> 21 months,<ref>Fla. Stat. § 810.02(3)(A, B, D)</ref> and 124 1/2 months,<ref>Fla. Stat. § 810.02(2)(B)</ref> except that if the person had a gun, a judge uses the [[10-20-Life|10-20-Life Law]], 10 years on anyone convicted of committing or attempting to commit any of the above felonies (with certain exceptions), while armed with a firearm or destructive device. If a firearm was discharged, 20 years. If a bullet injures or kills someone, 25 years.

===Georgia===
A person commits the offense of burglary when, without authority and with the intent to commit a felony or theft therein, he enters or remains within the dwelling house of another or any building, vehicle, railroad car, watercraft, or other such structure designed for use as the dwelling of another or enters or remains within any other building, railroad car, aircraft, or any room or any part thereof. A person convicted of the offense of burglary, for the first such offense, shall be punished by imprisonment for not less than one nor more than 20 years. For the purposes of this Code section, the term "railroad car" shall also include trailers on flatcars, containers on flatcars, trailers on railroad property, or containers on railroad property. O.C.G.A. § 16-7-1.

===Kentucky===
Burglary and the intended crime, if carried out, are treated as separate offenses. Burglary is a felony, even when the intended crime is a misdemeanor, and the intent to commit the crime can occur when one "enters or remains unlawfully" in the building, expanding the common-law definition. It has three degrees. Third-degree burglary is the broadest, and applies to any building or other premises. Second-degree burglary retains the common-law element of a dwelling, and first-degree burglary requires that the accused be in a dwelling and armed with a weapon or have intent to cause injury.<ref>{{Cite web |url=http://www.lrc.state.ky.us/KRS/511-00/CHAPTER.HTM |title=KRS 511.010–511.040 |access-date=2007-09-21 |archive-date=2008-01-24 |archive-url=https://web.archive.org/web/20080124044011/http://www.lrc.state.ky.us/KRS/511-00/CHAPTER.HTM |url-status=dead }}</ref> A related offense, criminal trespass, covers unlawful entry to buildings or premises without the intent to commit a crime, and is a misdemeanor or, in the third degree, a violation.<ref>{{Cite web |url=http://www.lrc.state.ky.us/KRS/511-00/CHAPTER.HTM |title=KRS 511.060–511.080 |access-date=2007-09-21 |archive-date=2008-01-24 |archive-url=https://web.archive.org/web/20080124044011/http://www.lrc.state.ky.us/KRS/511-00/CHAPTER.HTM |url-status=dead }}</ref> Possession of burglar's tools, with the intent to use them to commit burglary or theft, is a misdemeanor.<ref>{{Cite web |url=http://www.lrc.state.ky.us/KRS/511-00/CHAPTER.HTM |title=KRS 511.050 |access-date=2007-09-21 |archive-date=2008-01-24 |archive-url=https://web.archive.org/web/20080124044011/http://www.lrc.state.ky.us/KRS/511-00/CHAPTER.HTM |url-status=dead }}</ref>

===Massachusetts===
The Commonwealth of [[Massachusetts]] uses the term "burglary" to refer to a night-time breaking and entering of a dwelling with the intent to commit a felony. Burglary is a felony punishable by not more than twenty years; should the burglar enter with a dangerous weapon, they may be imprisoned for life.<ref>Mass. Gen. Laws ch. 266 §§ 14-5</ref> Unlawful entries of a structure other than a dwelling are labeled "breaking and entering" and punishments vary according to structure.<ref>Mass. Gen. Laws ch. 266 §§ 16-9, 20A</ref>

===Maryland===
In Maryland, under title 6, subtitle 2 of the criminal law code, the crime of burglary is divided into four degrees. The first three degrees are felonies, while fourth-degree burglary is a misdemeanor.<ref>Md. Code Ann., Crim. Law § 6-202 (LexisNexis, Lexis Advance through 2018 Regular Session)</ref><ref>Md. Code Ann., Crim. Law § 6-203 (LexisNexis, Lexis Advance through 2018 Regular Session)</ref><ref>Md. Code Ann., Crim. Law § 6-204 (LexisNexis, Lexis Advance through 2018 Regular Session)</ref><ref>Md. Code Ann., Crim. Law § 6-205 (LexisNexis, Lexis Advance through 2018 Regular Session)</ref> Breaking and entering into a dwelling with intent to commit theft or a crime of violence is first-degree burglary. Breaking and entering into a "storehouse" (a structure other than a dwelling, also including watercraft, aircraft, railroad cars, and vessels) with intent to commit theft, arson, or a crime of violence is second-degree burglary. Third-degree burglary is defined as breaking and entering into a dwelling with intent to commit a crime.

Simple breaking and entering into a dwelling or storehouse without [[specific intent]] to commit an additional crime is fourth-degree burglary. This degree also includes two other offenses that do not have breaking and entering as an element: Being in or on the yard, garden, or other property of a storehouse or dwelling with the intent to commit theft, or possession of burglar's tools with the intent to use them in a burglary offense.

===New Hampshire===
In the criminal code of [[New Hampshire]], "A person is guilty of burglary if they enter a building or occupied structure, or separately secured or occupied section thereof, with purpose to commit a crime therein, unless the premises are at the time open to the public or the actor is licensed or privileged to enter."<ref>[http://www.gencourt.state.nh.us/rsa/html/LXII/635/635-1.htm  Section 635:1, NH Revised Statutes]</ref>

===New York===
Under the [[New York Penal Law]], burglary is always a felony, even in third degree.<ref>Burglary in the third degree, N.Y. Penal Law section 140.20, found at [http://public.leginfo.state.ny.us/menugetf.cgi?COMMONQUERY=LAWS NY Laws]. Accessed May 28, 2008.</ref>  It is more serious if the perpetrator uses what appears to be a dangerous weapon or enters a dwelling.<ref>Burglary in the second degree, N.Y. Penal Law section 140.25, found at [http://public.leginfo.state.ny.us/menugetf.cgi?COMMONQUERY=LAWS NY Laws]. Accessed May 28, 2008.</ref><ref>Burglary in the first degree, N.Y. Penal Law section 140.30, found at [http://public.leginfo.state.ny.us/menugetf.cgi?COMMONQUERY=LAWS NY Laws]. Accessed May 28, 2008.</ref>

===Pennsylvania===
In Pennsylvania, it is a defense to prosecution if the building or structure in question is rendered abandoned.<ref>Pennsylvania Criminal Code:Burglary – 18 Pa. Cons. Stat. § 3502 [http://law.onecle.com/pennsylvania/crimes-and-offenses/00.035.002.000.html] {{Webarchive|url=https://web.archive.org/web/20110506151922/http://law.onecle.com/pennsylvania/crimes-and-offenses/00.035.002.000.html|date=2011-05-06}}. Accessed April 25, 2011.</ref>

===Virginia===
In Virginia, there are degrees of burglary, described as "Common Law Burglary" and "Statutory Burglary".

Common Law Burglary is defined as: if any people break and enter the dwelling of another, in the nighttime, with intent to commit a felony or any larceny (theft < $500) therein, shall be guilty of burglary, punishable as a class 3 felony; provided, however, that if such people was armed with a deadly weapon at the time of such entry, they shall be guilty of a class 2 felony.

Statutory Burglary is defined as: If any people in the nighttime enter without breaking, or in the daytime break and enter or enter and conceal themselves in a dwelling house or an adjoining, occupied outhouse, or, in the nighttime enter without breaking or at any time break and enter or enter and conceal themselves in any office, shop, manufactured home, storehouse, warehouse, banking house, church or other house, or any ship, vessel or river craft, or any railroad car, or any automobile, truck, or trailer, if such automobile, truck or trailer is used as a dwelling or place of human habitation, with intent to commit murder, rape, robbery or arson in violation of Virginia State code section 18.2–77, 18.2–79, or 18.2–80, shall be deemed guilty of statutory burglary, which offense shall be a class 3 felony. However, if such people were armed with a deadly weapon at the time of such entry, they shall be guilty of a class 2 felony.

Additionally, if any people commit any of the acts mentioned in the VA state code section 18.2–90 with intent to commit larceny, or any felony other than murder, rape, robbery or arson in violation of VA state code section 18.2–77, 18.2–79, or 18.2–80, or if any people commit any acts mentioned in 18.2–89 or 18.2–90 with intent to commit assault and battery, shall be guilty of statutory burglary, punishable by confinement in a state correctional facility for not less than one or more than twenty years, or, in the discretion of the jury or the court trying the case without a jury, be confined in jail for a period not exceeding twelve months or fined not more than $2,500, either or both. However, if the people were armed with a deadly weapon at the time of such entry, they shall be guilty of a Class 2 felony.

Finally, if any people break and enter a dwelling house while said dwelling is occupied, either in the day or night time, with intent to commit any misdemeanor except assault and battery or trespass (which falls under the previous paragraph), shall be guilty of a class 6 felony. However, if the people were armed with a deadly weapon at the time of such entry, they shall be guilty of a class 2 felony.

===Wisconsin===
In Wisconsin, burglary is committed by one who forcibly enters a building without permission and with intent to steal or to commit another felony. Burglary may also be committed by entry to a locked truck, car or trailer or a ship.<ref>Sec. 943.10(1m) Wisconsin Statutes (2009)</ref> The crime of burglary is treated as being more serious if the burglar is armed with a dangerous weapon when the burglary is committed or arms him/herself during the commission of the burglary.<ref>Sec. 943.10(2) Wisconsin Statutes (2009)</ref>